Intellectual Property and Fair Use Advice

[ffujita]

I have some friends who would like to get their feet wet as an Adventurers League DM. They have purchased the DDEX module from the DMSguild site.

Suppose I create a FG module based on that pdf, include zero story text so that the module is unplayable unless you have the pdf, but include all of the NPC stats, Encounters, Parcels, etc., but none of the Story content. If I distributed this module to my friends, would I be violating WotC intellectual property, or would this be covered under fair use? It is frustrating to hear for months that the FG modules will be available "real soon now" and watch as new things are added both to the FG store and to the DMSguild, but no DDEX FG Modules.

Thanks in advance for your guidance (+1d4 to Investigation Checks)

If what I propose doing is in violation of Intellectual Property, but there is a way to accomplish my goals within Fair Use, I'd happily accept those suggestions also.

[Zacchaeus]

Well technically of course unless you own the DDEX pdf yourself you wouldn't be able to put anything into FG.

Assuming you do have it then you can input that into FG but you would not be able to distribute the module unless everything within the module comes from the SRD. I don't know what the DDEX modules are or what the DMsGuid is either but it doesn't sound like you could do what you want if any part of the material is copyright and not within the SRD. The DMsGuild may have further copyright restrictions as well. You can of course run the module as the DM.

[ffujita]

So, to be clear. If there is an NPC in the pdf that is not listed in the SRD (almost all of the BBEGs are not in the SRD), then I can not send the module to my friends. That is unfortunate.

And yes, I also bought the pdf -- I'd kinda assumed that.

[Zacchaeus]

Indeed, that is the case.

[Trenloe]

So, to be clear. If there is an NPC in the pdf that is not listed in the SRD (almost all of the BBEGs are not in the SRD), then I can not send the module to my friends. That is unfortunate.

Check the individual PDF and read the copyright info carefully. It may be that the NPC stats are released as part of the OGL - in which case you could redistribute them (as long as you include the OGL statement with your FG module). Look for statements that say "Open Game Content" - this is the material in product that are covered by the OGL and you can redistribute (with the appropriate OGL included). If it says "Product Identity" this is what is not part of the OGL and you can't distribute without permission (it's covered by copyright).

Note that it's rare for artwork/maps to be "Open Game Content".

If there's nothing that says the product is released under the OGL (or some other similar statement) then it's all covered by copyright.

[leozelig]

Just out of curiosity, if ffujita's friends also own the pdf, can the FG module be shared?

[Trenloe]

Just out of curiosity, if ffujita's friends also own the pdf, can the FG module be shared?

Nope, two people owning a product does not negate copyright laws. The WotC copyright notice on these products states "Any reproduction or unauthorized use of the material or artwork contained herein is prohibited without the express written permission of Wizards of the Coast."

For Pathfinder Society Organized Play, Paizo provided permission for FG modules to be distributed privately to people who could prove they owned the Paizo product the FG modules was based on. This was permission being given by the copyright holder for a very specific situation (PFS scenarios only, distribution privately from one owner of the original product to another).

[LordEntrails]

Check the individual PDF and read the copyright info carefully. It may be that the NPC stats are released as part of the OGL - in which case you could redistribute them (as long as you include the OGL statement with your FG module). ...

This is the best approach. My understanding of the DMsG licensing is that all NPC and Items are supposed to be released under OGL (and can be used by other DMsG authors). So by this reasoning you can create something that re-uses these items.

Do note that the DMsG rules do state that compilations or collections of other DMsG content is not a valid use.

Fair Use might be a better approach, but I'm not familiar with those rules/laws.

[ddavison]

We will have some movement on this very soon. There have been a lot of things working in the background to make these available and it is getting very, very close. D&D Adventurer League authors were contacted just this week. It will be optional for the authors who want to make their products available, but we should start seeing them available soon. More details to follow.